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United States v. Mendez-Hernandez

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
May 2, 2017
No. 16-51127 (5th Cir. May. 2, 2017)

Opinion

No. 16-51127 C/w No. 16-51129

05-02-2017

UNITED STATES OF AMERICA, Plaintiff-Appellee v. FIDEL MENDEZ-HERNANDEZ, also known as Fidel Mendez Hernandez, Defendant-Appellant UNITED STATES OF AMERICA, Plaintiff-Appellee v. FIDEL MENDEZ-HERNANDEZ, also known as Miguel Mendez Hernandez, Defendant-Appellant


Summary Calendar Appeals from the United States District Court for the Western District of Texas
USDC No. 1:16-CR-134-1
USDC No. 1:13-CR-179-1 Before JONES, WIENER, and CLEMENT, Circuit Judges. PER CURIAM:

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. --------

The Federal Public Defender appointed to represent Fidel Mendez-Hernandez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Mendez-Hernandez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Mendez-Hernandez's claims of ineffective assistance of counsel; we therefore decline to consider the claims without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).

We have reviewed counsel's brief and the relevant portions of the record reflected therein, as well as Mendez-Hernandez's response. We concur with counsel's assessment that the appeals present no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEALS ARE DISMISSED. See 5TH CIR. R. 42.2.


Summaries of

United States v. Mendez-Hernandez

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
May 2, 2017
No. 16-51127 (5th Cir. May. 2, 2017)
Case details for

United States v. Mendez-Hernandez

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Appellee v. FIDEL MENDEZ-HERNANDEZ…

Court:UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Date published: May 2, 2017

Citations

No. 16-51127 (5th Cir. May. 2, 2017)